When Is An International Arbitration Award Enforceable Against A Non-Signatory To The Arbitration Agreement?
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
Which Term Prevails In A Building Contract: The Specifications, Or A Warranty Of Fitness For Purpose?
A building contract usually includes a term requiring that the work or materials supplied adhere to the specifications. The contract may also contain implied or
A: OVERVIEW The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada is a seminal decision
Arbitration and court proceedings may be different, but can a party substantially change its position when it appeals from an arbitration award to the court?
In my article dated December 11, 2011, I reported on a decision of the British Columbia Supreme Court holding that demolition is not an “improvement”
A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances. One question which does not often arise is:
When does an insurance clause in a construction contract bar a claim by the owner against the contractor? Is it barred if the contract requires